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COMRADE ADAMS ALIYU OSHIOMHOLE V. CHARLES EHIGIE AIRHIAVBERE & ORS

(2012) JELR 35186 (CA)

Court of Appeal  •  CA/B/EPT/289/2012  •  15 Nov 2012  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; TUNDE OYEBANJI AWOTOYE JCA;

Appearances
CHIEF WOLE OLANIPEKUN SAN (RICKEY TARFA SAN, O.A. OMONUWA SAN, ABIODUN AMOLE, LASAKI OLELEKAN, O.O. SAMUEL, O OHENHEN, O. OSINARO, F. EREWELE, ADAMS ALIU, V.O. ABIRI (MISS), D.A. ADEJUMO (MRS) with him) For Appellant E.C. AKPOFURE SAN (S.O. AGWINEDE, F.E. ULINFUN, P.O. IRUA, K.I. AIGBE, D.O.INEGBEBOR, P.O. AKPOFURE, N.M. ALADUM (MRS), V.O. IDIAGHU with him) for 1st Respondent.ADETUYI OYEYIPO SAN, (KEN MOZIA SAN, ROTIMI OGINESO SAN, N. EKENEM,V.E. OHIOSUNMUA, O. IGBINONWAHIA, R.O. OAIHIMIRE (MRS), G.A. OLADEJO, F. OMO-OSADIAYE, A.O. EIKHO, O. OGBAKE, S. OWOTORI and TAJUDEEN ALADE with him) for 2nd RespondentE.R. UMUKPOERAV (N.H. AUTA and D.O. OWOLABI (MRS) with him) for 3rd to 5th Respondents. For Respondent

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Judgment in respect of the appeal against the Ruling of the Governorship Election Tribunal holden at Benin City dated 27th September 2012.

The Appellant who was one of the Respondents at the lower tribunal had applied for the dismissal/striking out of the petition on diverse grounds:

In its Ruling, the Tribunal struck out paragraphs of the petition as well as paragraph 30 (1) and (2) of the petition.

Against the said Ruling, the Appellant appealed to this court as per his Notice of Appeal filed on 3/10/2012.

The Notice of Appeal contains one sole ground of appeal which reads (shorn of the particulars):

"The lower Tribunal erred in law in its failure to strike out and/or dismiss the entire petition having struck out Reliefs 30(i) and 30(ii) and paragraphs 12(iv), 13(i), 13(ii), 23, 24 and 25 of the Petition."

After transmission of record of appeal to this court, the Appellant filed brief of argument on 15/10/…

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